PERLA v. MARINE MIDLAND REALTY CORP.


61 A.D.2d 837 (1978)

Victor Perla et al., Appellants, v. Marine Midland Realty Corp., Defendant, and Hi-Lynn Farms, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 27, 1978


Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and motion to dismiss respondent's counterclaim granted.

Respondent has counterclaimed against plaintiffs-appellants on theories of fraud, conspiracy and tortious interference with its business relationships with third parties. In opposition to plaintiffs' motion for summary judgment and in support of its confusing and ambiguous pleadings, respondent has not given the kind of notice...

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